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Neutral Citation No. - 2025:AHC:130643-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 14961 of 2025 Petitioner :- Anjali And 3 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Javed Khan,Subuhi Naseem Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J.
1. Present writ petition has been filed with following relief: (i) Issue a Writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 02.07.2025 in pursuance of Case Crime No.0466 of 2025, Under Section 137(2) of Bhartiya Nyaya Sanhita (B.N.S.)-2023, Police Station Bisrakh, District Gautam Buddh Nagar lodged against the petitioner No.2 to 4. (ii) Issue a writ, order or direction in the nature of mandamus directing the concerned respondent authorities not to harass the petitioners.
2. In pursuance to the previous order passed by this Court, learned Additional Government Advocate has produced report of ossification test of the victim and has also produced her statement recorded under Section 183 BNSS. The ossification report discloses that the victim was 16 years of age. In her statement recorded under Section 183 BNSS, the victim has stated that she had gone with the accused voluntarily and had married the accused and that no coercion was applied on her.
3. The age of the victim is disputed.
4. It will serve no useful purpose to keep the writ petition pending.
5. The writ petition is disposed of with a direction that petitioner no.2, 3 and 4 shall not be arrested till the submission of charge- sheet under Section 193(3) BNSS. Order Date :- 4.8.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad